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ESG Latin America & the Caribbean Guide 2024 | Charting Sustainable Futures

Bolivia

(Latin America/Caribbean) Firm C.R. & F. Rojas - Abogados

Contributors Sandra Salinas
Mery Finola Cuellar
Antonio Sanjines

Updated 22 May 2024
ESG Regulation related to climate change prevention or mitigation, specifically concerning carbon footprint or pollution measurement, decarbonization strategies, and/or mandates and strategies to achieve local carbon neutrality commitments

Laws/regulations concerning climate change prevention or mitigation include:

  • Framework Law of Mother Earth and Comprehensive Development to Live Well No. 300 of October 15, 2012
    Establishes the regulatory framework for the preservation of the environment (Mother Earth), ensuring the continuity of the regeneration capacity of its components and habitats. Sets the legal basis for planning, public management, and investments, as well as the strategic institutional framework for its implementation. Creates three mechanisms related to climate change: a Mitigation Mechanism for Living Well, an Adaptation Mechanism for Living Well, and a Joint Mitigation and Adaptation Mechanism for the Comprehensive and Sustainable Management of Forests and Mother Earth. Within the guidelines of Living Well, through comprehensive waste management, all plans and programs for the reduction of Greenhouse Gas ("GHG") emissions are focused on the non-commercialization of the environmental functions of Mother Earth's components, thus excluding financing mechanisms associated with carbon markets.

The scope of the application of this law is State.

ESG Regulation regarding energy transition (requirements or promotion and use of new second-generation renewable energy sources such as solar, wind, tidal, H2, geothermal, among others).

Laws/regulations regarding energy transition include: 

  • Supreme Decree No. 4794 of September 7, 2022
    Allows the industrial sector to change the source of electrical power and migrate to the National Interconnected System (SIN). This migration enables the utilization of combined cycle efficiency and clean energies, such as hydroelectric, photovoltaic, wind, and biomass, which are environmentally friendly.

  • Economic and Social Development Program (PDES) 2021 – 2025
    Through the Economic and Social Development Program (PDES) 2021 – 2025, it is projected to cover 75% of the national electrical demand with alternative and renewable energies by the Bicentennial of Bolivia.

The scope of the application of these laws is State.

ESG Regulation concerning electricity markets, carbon markets, or similar.

Laws/regulations concerning electricity markets, carbon markets, or similar, include: 

  • Electricity Law No. 1604 of December 21, 1994, and its Regulations
    Regulates the activities of the Electric Industry and establishes principles for setting electricity prices and tariffs nationwide. All individuals and collectives engaged in the Electric Industry, regardless of their form and place of establishment, are subject to this law. The use of water and other renewable natural resources for electricity production is regulated by this law and related legislation, considering their multiple, rational, integrated, and sustainable use.
  • Hydrocarbons Law No. 3058 of May 17, 2005, and its Regulations
    The provisions of this law regulate hydrocarbon activities according to the State's Political Constitution and establish the principles, norms, and fundamental procedures governing the hydrocarbon sector nationwide. All individuals or collectives, national or foreign, public, mixed economy societies, and private parties conducting and/or carrying out activities in the hydrocarbon sector, Yacimientos Petrolíferos Fiscales Bolivianos ("YPFB"), public servants, consumers, and users of public services, are subject to this law.
  • Mining and Metallurgy Law of May 28, 2014, and its Regulations
    This law aims to regulate mining and metallurgical activities by establishing principles, guidelines, and procedures for the granting, conservation, and extinction of mining rights, responsible, planned, and sustainable development and continuity of mining and metallurgical activities; determining the new institutional structure, roles, and attributions of state entities and mining actors; and setting the attributions and procedures of the administrative mining jurisdiction, according to the precepts established in the State's Political Constitution.

The scope of the application of these laws is State.

ESG Regulation in the realm of green or sustainable financing, including taxonomies, provisions for mandatory reporting of material financial information on environmental or social matters, as prerequisites for issuing thematic bonds (green, sustainable,

Laws/regulations concerning the realm of green or sustainable financing include: 

  • Development of the Thematic Bonds Market (Social, Green, or Sustainable) in the Bolivian Stock Exchange
    In order to guarantee a transition to a global economy aligned with the Sustainable Development Goals of the United Nations 2030 Agenda and the Paris Agreement on climate change, of which Bolivia is a signatory, the Bolivian Stock Exchange has developed Thematic Bonds that will allow companies to finance their projects through the issuance of public offerings of Bonds qualified as Green, Social, or Sustainable Bonds, and their acquisition and negotiation by investors in the trading mechanisms managed by the Bolivian Stock Exchange. It seeks to generate concrete actions that will redirect capital flows towards a more sustainable economy, thereby achieving a financial system oriented towards responsible, sustainable, and long-term impact investment, concerned with economic growth and return, but also with the protection of health, mitigation and adaptation to climate change, and/or contribution to the fight against inequality.

The scope of the application of this law is State.

ESG Regulation for preventing greenwashing.

Laws/regulations concerning preventing greenwashing include: 

While these standards are related to money laundering and legitimization of illicit gains, they do not refer to the prevention of greenwashing.

Regulation on ESG Due Diligence applicable to value chains (MRV protocols to ensure the environmental integrity of products and services, etc.).

Laws/regulations concerning ESG Due Diligence applicable to value chains include: 

  • Environmental Law No. 1333 of April 27, 1992
    This law aims to protect and conserve the environment and natural resources, regulating human actions in relation to nature and promoting sustainable development with the purpose of improving the quality of life of the population.

The scope of the application of this law is State.

Regulation in the field of circular economy.

Laws/regulations concerning the field of circular economy include: 

  • Law No. 755 of October 28, 2015, Comprehensive Waste Management Law
    This Law aims to establish the general policy and legal regime for comprehensive waste management in the Plurinational State of Bolivia, prioritizing prevention to reduce waste generation, its recovery, and environmentally safe final disposal, within the framework of Mother Earth's rights, as well as the right to health and to live in a healthy and balanced environment.

The scope of the application of this law is State.

ESG Regulation related to stakeholder well-being and social impact.

Laws/regulations concerning stakeholder well-being and social impact include:

  • General Labor Law
    The General Labor Law establishes rights and obligations for both workers and employers. This includes decent working conditions, social security, and occupational health and safety. It contributes to the formalization of employment, improvement of working conditions, and poverty reduction.
  • Pensions Law
    The Pensions Law creates the Integrated Pension System (SIP) for the social security of the population. It provides protection for the elderly and encourages long-term savings.
  • Health Insurance Law
    The Health Insurance Law establishes the Single Health System (SUS) for universal access to healthcare. This improves public health, equity in access to healthcare, and social protection.
  • Commercial Code
    The Commercial Code defines a broad obligation of companies to act with social and environmental responsibility. This promotes social and environmental investment, environmental protection, and sustainable development.
  • Law on Public Companies
    The Law on Public Companies outlines the guiding precepts for public enterprise management, highlighting the strategic role of public enterprises in achieving the country's strategic objectives, their articulation with the plural economy, changing the primary exporter pattern, ensuring quality and transparency in management, incorporating social control and labor participation, the articulation between the central level of the State and autonomous governments, and maintaining harmony and balance with Mother Earth. It also defines the nature of the public enterprise at the central level of the State, emphasizing its role as an economic unit responsible for producing goods and/or providing services, with potential strategic and/or social character.

The scope of the application of these laws is State.

ESG Regulation concerning non-discrimination.

Laws/regulations concerning non-discrimination include:

  • Political Constitution of the State
    Article 14 of the Constitution explicitly prohibits and sanctions all forms of discrimination based on sex, age, sexual orientation, gender identity, origin, culture, nationality, citizenship, language, religious creed, ideology, political or philosophical affiliation, marital status, economic or social condition, type of occupation, level of education, disability, pregnancy, or any other condition aiming to diminish or nullify the equal recognition, enjoyment, or exercise of rights for all individuals. It ensures that every person and community, without discrimination, has the free and effective exercise of the rights established in the Constitution, laws, and international human rights treaties
  • Law Against Racism and All Forms of Discrimination
    Law 45 aims to eliminate racist and discriminatory behaviors and develop public policies for prevention and protection, adhering to the Bolivian Constitution and international human rights treaties. It applies across the nation, covering all residents, public servants, and private entities, emphasizing principles of interculturality, equality, equity, and protection to foster respectful and equitable relationships among Bolivia's diverse cultures. The law also establishes the National Committee Against Racism and All Forms of Discrimination, tasked with implementing strategies to combat these issues comprehensively. This initiative underscores Bolivia's commitment to promoting social justice and equality, providing a model for addressing discrimination and racism through legislative action.

The scope of the application of these laws is State.

ESG Regulation pertaining to the prevention of modern slavery.

Laws/regulations concerning the prevention of modern slavery include:

  • Political Constitution of the State
    Article 15 of the Constitution states that every individual has the right to life and physical, psychological, and sexual integrity. It asserts that no one shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment, highlighting that there is no death penalty. Furthermore, it guarantees that no person shall be subjected to servitude or slavery, explicitly prohibiting human trafficking​

The scope of the application of this law is State.

ESG Regulation regarding Diversity, Equity, and Inclusion - DEI.

Laws/regulations concerning Diversity, Equity, and Inclusion include:

The scope of the application of these laws is State.

Regulation on ESG-linked compensation.

Not applicable.

ESG Regulation for the protection of vulnerable or minority communities.

Laws/regulations concerning the protection of vulnerable or minority communities include:

  • Political Constitution of the State
    The Bolivian Constitution embraces a multifaceted approach to safeguarding vulnerable and minority communities. Article 2 provided the self-determination of indigenous original peasant nations and peoples, emphasizing their rights to autonomy, self-government, cultural integrity, and the consolidation of their territorial entities. Article 3 asserts the composition of the Bolivian nation, which includes indigenous original peasant nations and peoples as well as intercultural and Afro-Bolivian communities, underscoring their collective identity as part of the Bolivian people. Further, Article 30 delineates the rights of these communities to freely exist, maintain their cultural identity, manage their lands, preserve sacred sites, and necessitates their informed consent on matters affecting them.

    In addition, Article 31 provides special protections for indigenous peoples who are in danger of extinction or choose to remain in voluntary isolation, protecting their traditional way of life.
  • Ley Nº 071 - Law of Mother Earth Rights
    Ley Nº 071 - Law of Mother Earth Rights (Ley de Derechos de la Madre Tierra), enacted on December 21, 2010, recognizes the rights of Mother Earth as well as the obligations and duties of the Plurinational State and society to ensure the respect of these rights. It is based on principles such as harmony, collective good, guarantee of regeneration of Mother Earth, respect and defense of Mother Earth's rights, and interculturality. The law views Mother Earth as a collective subject of public interest and specifies that both Mother Earth and all its components, including human communities, are holders of all inherent rights recognized by the law. This legal framework emphasizes the balance with nature and includes cultural diversity, particularly recognizing the cosmovisions of indigenous nations and peoples, intercultural communities, and Afro-Bolivians​.
  • Ley Nº 341 - Law of Participation and Social Control
    Ley Nº 341 - Law of Participation and Social Control (Ley de Participación y Control Social), enacted on February 5, 2013, this law provides the general framework for participation and social control, defining the ends, principles, attributions, rights, obligations, and forms of its exercise in accordance with Articles 241 and 242 of the State's Political Constitution. It applies to all public entities, including decentralized and autonomous territorial entities. The law promotes transparent public management and the appropriate handling of State resources, ensuring and promoting social control in the provision and quality of public services, including those provided by private companies managing fiscal resources and/or natural resources. It highlights the participation and promotion of social control by sectors, neighborhoods, indigenous nations, and intercultural and Afro-Bolivian communities, facilitating equitable and effective rights to social participation in public management.

The scope of the application of these laws is State.

ESG Regulation for economic development of vulnerable or minority communities or groups.

Laws/regulations concerning the economic development of vulnerable or minority communities or groups include:

  • Political Constitution of the State
    The Constitution under Article 30 extends the rights of indigenous original peasant nations and peoples to sustainably manage their natural environments and to hold intellectual property rights over their traditional knowledge and sciences, while Articles 305 and 403, though not explicitly shown in the provided text, typically encompass the State’s commitment to inclusive economic development. These provisions are expected to outline the economic organization of the State, advocating for the utilization of resources and the promotion of inclusive social and economic measures that support all citizens, including those from vulnerable and minority groups. This integrative framework ensures the communities' active participation in the nation's economic development while preserving their rights and cultural heritage.

The scope of the application of these laws is State.

Regulation on Personal Data Protection, concerning data usage transparency, limits on data usage to prevent discrimination issues, and corporate digital responsibility.

Laws/regulations concerning Personal Data Protection include:

  • Political Constitution of the State
    Articles 130 and 131 of the Political Constitution of the State establish that any individual or collective person who believes they are wrongfully or illegally prevented from knowing, objecting to, or obtaining the deletion or rectification of data recorded by any physical, electronic, magnetic, or computer means, in archives or databases, public or private, or that affect their fundamental right to personal and family privacy or intimacy, or their own image, honor, and reputation, may file a Privacy Protection Action. The Privacy Protection Action shall take place according to the procedure provided for the Constitutional Protection Action.
  • Telecom Law Law no. 164
    Telecommunications Law 164 regulates the protection of personal data in the field of digital certification, with the provisions to use personal data respecting fundamental rights and guarantees established in the Political Constitution of the State; the technical treatment of personal data in the public and private sector in all its forms, and that persons from whom personal data is requested shall be previously informed that their data will be processed, the purpose of the collection and registration of such data, that the personal data subject to processing may only be used, communicated, or transferred to a third party with the prior consent of the owner or written order of a competent judicial authority.
  • General Consumer Rights Law
    General Consumer Rights Law further establishes that product and service vendors must adopt appropriate mechanisms to guarantee the confidentiality of their client’s data.

The scope of the application of these laws is State.

ESG Regulation regarding the integration of the board of directors, board of trustees, or management body of the company (minimum participation/representation of women or minority groups, guidelines on the composition of board members with expertise in ES

Not applicable.

Regulation on fiduciary responsibility and administrators' roles in environmental and social risk management (standards or interpretations regarding the scope of fiduciary responsibility or administrator's duty concerning the company's social purpose, bas

Not applicable.

ESG Regulation concerning corporate purpose.

Not applicable.

Regulation on types of Benefit and Collective Interest Companies (certifications like B Corps, specific regulations for BIC companies).

Not applicable.

ESG Regulation regarding supply chains from the perspective of ESG risk governance.

Not applicable.

ESG Regulation in the context of M&A (ESG due diligence).

Not applicable.

ESG Regulation related to Corporate Digital Responsibility.

Not applicable.

Specific mandates related to national alignment with specific reporting standards.

Not applicable.

Standards regarding the scope and frequency of such reports.

Not applicable.

ESG Latin America & the Caribbean Guide 2024 | Charting Sustainable Futures

Bolivia

(Latin America/Caribbean) Firm C.R. & F. Rojas - Abogados

Contributors Sandra Salinas Mery Finola Cuellar Antonio Sanjines

Updated 22 May 2024